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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1 (permalink)  
Old 08-03-2015, 08:44 AM
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libraguy19 is on a distinguished road
Default Changing jobs after approved I140

Hello All,
I searched multiple forums but either got conflicting or no answers for below questions .
Replies will be much appreciated.

Scenario:
+ H1-B permit valid till Late 2016
+ Six years of h1b to be over by Late 2017
+ Works as a permanent employee in a tech company
+ I-140 approved in Apr-2015 with a priority date of Jun-2014
+ Applied for Spouse’s H4 EAD with "received date" of Jun-2015
+ Planning to leave employer as business forecast is not good and might undergo downsizing in Q4

Questions:
1) On transferring H1B, Will i get extension till 2017 or for next three years due an existing approved I-140 ?
2) For green card application, Is the entire LCA / PERM / i140 process re-initiated?
3) Within how much time must my new employer re-apply for the PERM and further steps? is there a dead line or something by which it must start or be done? is there a risk for my new I-140 petition being denied because of the late reapplication or me losing the priority date?
4) Will it take another 1.5 years to get the I-140 approved again? Or will it be faster due to an existing I-10 ?
5) What if my immidiate next employer does not do any GC work and then after couple of years I join another company which files for GC. Will I lose my current priority date ? If No, then till what time can I retain my current priority date?
6) Any letters or documents that i should procure from my current employer for future migration/PERM paperwork ? I already got I140 approval notice scan.
7) Does my leaving the job impacts my wife's H4 EAD ( we filed recently and are awaiting approval ) ?
8) Should i wait till we get my wife's EAD in hand ? If I move will it nullify ?
9) By when can I apply for my I-485 ? Is it possible to do it before leaving Job
10) Are there any other concerns that I must take care before leaving current employer ?

Thanks,
libraguy
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  #2 (permalink)  
Old 08-03-2015, 10:35 AM
Member
Priority Date
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Sep-07
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I140 Mailed Date
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I485 Mailed Date
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Join Date: May 2007
Posts: 59
jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of
Default Good Luck with new Job !!

Quote:
Originally Posted by libraguy19 View Post
Hello All,
I searched multiple forums but either got conflicting or no answers for below questions .
Replies will be much appreciated.

Scenario:
+ H1-B permit valid till Late 2016
+ Six years of h1b to be over by Late 2017
+ Works as a permanent employee in a tech company
+ I-140 approved in Apr-2015 with a priority date of Jun-2014
+ Applied for Spouse’s H4 EAD with "received date" of Jun-2015
+ Planning to leave employer as business forecast is not good and might undergo downsizing in Q4

Questions:
1) On transferring H1B, Will i get extension till 2017 or for next three years due an existing approved I-140 ?
2) For green card application, Is the entire LCA / PERM / i140 process re-initiated?
3) Within how much time must my new employer re-apply for the PERM and further steps? is there a dead line or something by which it must start or be done? is there a risk for my new I-140 petition being denied because of the late reapplication or me losing the priority date?
4) Will it take another 1.5 years to get the I-140 approved again? Or will it be faster due to an existing I-10 ?
5) What if my immidiate next employer does not do any GC work and then after couple of years I join another company which files for GC. Will I lose my current priority date ? If No, then till what time can I retain my current priority date?
6) Any letters or documents that i should procure from my current employer for future migration/PERM paperwork ? I already got I140 approval notice scan.
7) Does my leaving the job impacts my wife's H4 EAD ( we filed recently and are awaiting approval ) ?
8) Should i wait till we get my wife's EAD in hand ? If I move will it nullify ?
9) By when can I apply for my I-485 ? Is it possible to do it before leaving Job
10) Are there any other concerns that I must take care before leaving current employer ?

Thanks,
libraguy
1) On transferring H1B, Will i get extension till 2017 or for next three years due an existing approved I-140 ?

[COLOR="rgb(255, 140, 0)"]If you use AC21 you should be able to get a 3 year approval[/color]

2) For green card application, Is the entire LCA / PERM / i140 process re-initiated?

[COLOR="rgb(255, 140, 0)"]Unfortunately YES, as per current rules.[/color]

3) Within how much time must my new employer re-apply for the PERM and further steps? is there a dead line or something by which it must start or be done? is there a risk for my new I-140 petition being denied because of the late reapplication or me losing the priority date?

[COLOR="rgb(255, 140, 0)"]As long as your priority date is retrogressed they can keep on renewing your H!-B using AC21.[/color]

4) Will it take another 1.5 years to get the I-140 approved again? Or will it be faster due to an existing I-10 ?

[COLOR="rgb(255, 140, 0)"]YES[/color]

5) What if my immidiate next employer does not do any GC work and then after couple of years I join another company which files for GC. Will I lose my current priority date ? If No, then till what time can I retain my current priority date?

[COLOR="rgb(255, 140, 0)"]You can still keep your priority date even with future employers.[/color]

6) Any letters or documents that i should procure from my current employer for future migration/PERM paperwork ? I already got I140 approval notice scan.

[COLOR="rgb(255, 140, 0)"]That would depend on your new PERM job profile. Keep good connections with HR at your current company.[/color]

7) Does my leaving the job impacts my wife's H4 EAD ( we filed recently and are awaiting approval ) ?

[COLOR="rgb(255, 140, 0)"]As far as I can tell NO. It should not have any impact.[/color]

8) Should i wait till we get my wife's EAD in hand ? If I move will it nullify ?

[COLOR="rgb(255, 140, 0)"]I don't see why. Make sure you update your addresses with USCIS.[/color]

10) Are there any other concerns that I must take care before leaving current employer ?

Like always...write a nice resignation letter...Make sure you are making making the right career move.. !!
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  #3 (permalink)  
Old 08-03-2015, 10:37 AM
Member
Priority Date
:
Sep-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 59
jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of jsd123 has much to be proud of
Default Good Luck with new Job !!

Quote:
Originally Posted by libraguy19 View Post
Hello All,
I searched multiple forums but either got conflicting or no answers for below questions .
Replies will be much appreciated.

Scenario:
+ H1-B permit valid till Late 2016
+ Six years of h1b to be over by Late 2017
+ Works as a permanent employee in a tech company
+ I-140 approved in Apr-2015 with a priority date of Jun-2014
+ Applied for Spouse’s H4 EAD with "received date" of Jun-2015
+ Planning to leave employer as business forecast is not good and might undergo downsizing in Q4

Questions:
1) On transferring H1B, Will i get extension till 2017 or for next three years due an existing approved I-140 ?
2) For green card application, Is the entire LCA / PERM / i140 process re-initiated?
3) Within how much time must my new employer re-apply for the PERM and further steps? is there a dead line or something by which it must start or be done? is there a risk for my new I-140 petition being denied because of the late reapplication or me losing the priority date?
4) Will it take another 1.5 years to get the I-140 approved again? Or will it be faster due to an existing I-10 ?
5) What if my immidiate next employer does not do any GC work and then after couple of years I join another company which files for GC. Will I lose my current priority date ? If No, then till what time can I retain my current priority date?
6) Any letters or documents that i should procure from my current employer for future migration/PERM paperwork ? I already got I140 approval notice scan.
7) Does my leaving the job impacts my wife's H4 EAD ( we filed recently and are awaiting approval ) ?
8) Should i wait till we get my wife's EAD in hand ? If I move will it nullify ?
9) By when can I apply for my I-485 ? Is it possible to do it before leaving Job
10) Are there any other concerns that I must take care before leaving current employer ?

Thanks,
libraguy
Posting again since my color highlighting didn't work in previous reply

1) On transferring H1B, Will i get extension till 2017 or for next three years due an existing approved I-140 ?

If you use AC21 you should be able to get a 3 year approval

2) For green card application, Is the entire LCA / PERM / i140 process re-initiated?

Unfortunately YES, as per current rules.

3) Within how much time must my new employer re-apply for the PERM and further steps? is there a dead line or something by which it must start or be done? is there a risk for my new I-140 petition being denied because of the late reapplication or me losing the priority date?

As long as your priority date is retrogressed they can keep on renewing your H!-B using AC21.

4) Will it take another 1.5 years to get the I-140 approved again? Or will it be faster due to an existing I-10 ?

YES

5) What if my immidiate next employer does not do any GC work and then after couple of years I join another company which files for GC. Will I lose my current priority date ? If No, then till what time can I retain my current priority date?

You can still keep your priority date even with future employers.

6) Any letters or documents that i should procure from my current employer for future migration/PERM paperwork ? I already got I140 approval notice scan.

That would depend on your new PERM job profile. Keep good connections with HR at your current company.

7) Does my leaving the job impacts my wife's H4 EAD ( we filed recently and are awaiting approval ) ?

As far as I can tell NO. It should not have any impact.

8) Should i wait till we get my wife's EAD in hand ? If I move will it nullify ?

I don't see why. Make sure you update your addresses with USCIS.

10) Are there any other concerns that I must take care before leaving current employer ?

Like always...write a nice resignation letter...Make sure you are making making the right career move.. !!
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